ORS 689.765¹
Prohibited practices
  • complimentary samples
  • rules

(1) No drugs shall be dispensed to the public by means of automatic vending machines.

(2) As used in this section, "automatic vending machine" means any mechanical device or contrivance whereby the purchaser is able to secure drugs.

(3) No person shall adulterate for the purpose of sale any drug in such manner as to render it injurious to health, or knowingly sell or offer for sale any adulterated drug.

(4) No person shall manufacture, compound or sell or offer for sale or cause to be manufactured, compounded, sold or offered for sale any drug, compound or preparation for internal or external use under or by a name recognized in the United States Pharmacopoeia, Homeopathic Pharmacopoeia or National Formulary which differs from the standard of strength and purity specified therein as official at the time of manufacture, compounding, sale or offering for sale.

(5) No person shall manufacture, compound, sell or offer for sale, or cause to be manufactured, sold or offered for sale, any drug, the strength and purity of which falls below the professed standard of strength and purity under which it is sold.

(6) No person shall sell, give away, barter, dispense, distribute, buy, receive or possess any prescription drug except as authorized by law.

(7) No manufacturer or wholesaler shall sell or otherwise distribute, or offer to sell or otherwise distribute, any drug or device except to a person legally authorized to resell, dispense or otherwise redistribute such drug or device. The board may grant an exemption from the requirement of this subsection in the form of a special permit if the board finds that an exemption is in the best interest of the public health and safety.

(8) Any practitioner who receives any complimentary samples of any controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), shall keep the samples in a securely locked, substantially constructed cabinet and shall maintain a record of receipts and withdrawals from each inventory of samples. The record requirements shall be specified by rule of the licensing board that has jurisdiction over the practitioner’s license. The licensing board may inspect the records and the inventory of samples.

(9)(a) No person may sell, purchase or trade or offer to sell, purchase or trade any drug sample.

(b) As used in paragraph (a) of this subsection, "drug sample" means a unit of a drug, subject to this chapter, that is not intended to be sold and is intended to promote the sale of the drug, and includes a coupon or other form which may be redeemed for a drug.

(10) For purposes of this section and ORS 678.375 (Nurse practitioners), distribution of prepackaged complimentary samples of medications by a nurse practitioner or clinical nurse specialist with prescription writing authority shall not constitute dispensing when the sample medication is within the established formulary for that nurse practitioner or clinical nurse specialist. [1979 c.777 §39; 1985 c.131 §6; 1987 c.108 §8; 1987 c.736 §2; 1993 c.571 §19; 2003 c.103 §3; 2005 c.462 §9]

Note: Section 3f, chapter 350, Oregon Laws 1999, provides:

Sec. 3f. Nothing in this 1999 Act shall be construed to allow a pharmacist to prescribe drugs or to dispense or administer any drug or device that requires a prescription without a prescription or order of a practitioner authorized to prescribe drugs. [1999 c.350 §3f]

Atty. Gen. Opinions

Authorizing pharmacist in advance to dispense therapeutically but not generically equivalent drug, (1980) Vol 40, p 474

Chapter 689

Notes of Decisions

Board of Pharmacy had authority to adopt rule making drug ephedrine available by prescrip­tion only. Northwest Connec­tion v. Board of Pharmacy, 108 Or App 320, 814 P2d 191 (1991)

Atty. Gen. Opinions

Authority of board to require retail price list of prescrip­tion drugs, (1975) Vol 37, p 345; hospital policy requiring pharmacy depart­ment to substitute therapeutically equivalent but not generically identical drugs, (1979) Vol 40, p 145; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 689—Pharmacists; Drug Outlets; Drug Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors689.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 689, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­689ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information